Permissible Without Action by Holders. Subject to Section 14.5, the Issuer and the Trustee, from time to time and at any time, may, without the consent of or notice to any Holder, enter into an Amendment or other instrument supplemental to the Trust Documents, for any one or more of the following purposes: (a) (i) to correct an error, (ii) to correct, modify or supplement any provision in the Trust Documents that is inconsistent with any other provision of the Trust Documents or the Prospectus, or (iii) to cure an ambiguity or supplement a provision of the Trust Documents, provided that such cure of an ambiguity or supplement of a provision is not otherwise inconsistent with the provisions of the Trust Documents; or (b) to modify, eliminate or add to the provisions of the Trust Documents to the extent necessary to maintain the qualification of any Trust as a Fixed Investment Trust, as evidenced by an Opinion of Counsel satisfactory to the Trustee; or (c) to make any other amendments with respect to matters or questions arising under this Agreement so long as such action will not (i) materially and adversely affect the related Holders or (ii) have any material adverse tax consequences for Holders, in either case, as evidenced by an Opinion of Counsel to the Issuer; provided that no Amendment may be made pursuant to clause (a)(iii) of this Section 14.3 that otherwise would require consent of Holders pursuant to Subsection 14.4(2) without first obtaining such consent.
Appears in 2 contracts
Samples: Multifamily Master Trust Agreement, 2017 Multifamily Master Trust Agreement
Permissible Without Action by Holders. Subject to Section 14.5, the Issuer and the Trustee, from time to time and at any time, may, without the consent of or notice to any Holder, enter into an Amendment or other instrument supplemental to the Trust Documents, for any one or more of the following purposes:purposes:
(a) (i) to correct an error, (ii) to correct, modify or supplement any provision in the Trust Documents that is inconsistent with any other provision of the Trust Documents or the Prospectus, or (iii) to cure an ambiguity or supplement a provision of the Trust Documents, provided that such cure of an ambiguity or supplement of a provision is not otherwise inconsistent with the provisions of the Trust Documents; or
(b) to modify, eliminate or add to the provisions of the Trust Documents to the extent necessary to maintain the qualification of any Trust as a Fixed Investment Trustfixed investment trust under the Code, as it may then be in effect, as evidenced by an Opinion of Counsel satisfactory to the Trustee; or
(c) to make any other amendments with respect to matters or questions arising under this Agreement so long as such action will not (i) materially and adversely affect the related Holders or (ii) have any material adverse tax consequences for Holders, in either case, case as evidenced by an Opinion of Counsel to the Issuer; provided that no Amendment may be made pursuant to clause (a)(iii) of this Section 14.3 that otherwise would require consent of Holders pursuant to Subsection 14.4(2) without first obtaining such consent.
Appears in 2 contracts
Samples: Master Trust Agreement, 2016 Single Family Master Trust Agreement
Permissible Without Action by Holders. Subject to Section 14.5, the Issuer and the Trustee, from time to time and at any time, may, without the consent of or notice to any Holder, enter into an Amendment or other instrument supplemental to the Trust Documents, for any one or more of the following purposes:purposes:
(a) (i) to correct an error, (ii) to correct, modify or supplement any provision in the Trust Documents that is inconsistent with any other provision of the Trust Documents or the Prospectus, or (iii) to cure an ambiguity or supplement a provision of the Trust Documents, provided that such cure of an ambiguity or supplement of a provision is not otherwise inconsistent with the provisions of the Trust Documents; or
(b) to modify, eliminate or add to the provisions of the Trust Documents to the extent necessary to maintain the qualification of any Trust as a Fixed Investment fixed investment trust under the Code, as it may then be in effect, or, in the event a REMIC election is made with respect to all or part of the assets comprising the Trust Fund of any Trust, to maintain the REMIC status of any assets with respect to which the REMIC election is made, each as evidenced by an Opinion of Counsel satisfactory to the Trustee; or
(c) to make any other amendments with respect to matters or questions arising under this Agreement so long as such action will not (i) materially and adversely affect the related Holders or (ii) have any material adverse tax consequences for Holders, in either case, case as evidenced by an Opinion of Counsel to the Issuer; provided that no Amendment may be made pursuant to clause (a)(iii) of this Section 14.3 that otherwise would require consent of Holders pursuant to Subsection 14.4(2) without first obtaining such consent.
Appears in 2 contracts
Samples: Second Amended and Restated 2016 Single Family Master Trust Agreement, Single Family Master Trust Agreement
Permissible Without Action by Holders. Subject to Section 14.510.06, the Issuer and the Trustee, from time to time and at any time, may, without the consent of or notice to any Holder, enter into an Amendment or other instrument supplemental to the Trust Documents, for any one or more of the following purposes:purposes:
(a) (i) to correct an error, (ii) to correct, modify or supplement any provision in the Trust Documents that is inconsistent with any other provision of the Trust Documents or the Prospectus, or (iii) to cure an ambiguity or supplement a provision of the Trust Documents, provided that such cure of an ambiguity or supplement of a provision is not otherwise inconsistent with the provisions of the Trust Documents; provided that no Amendment may be made pursuant to clause (iii) of this Section 10.03(a) that otherwise would require consent of Holders pursuant to Section 10.04(b) without first obtaining such consent; or
(b) to modify, eliminate or add to the provisions of the Trust Documents to the extent necessary to maintain the qualification of any Trust as a Fixed Investment Trust, as evidenced by an Opinion of Counsel satisfactory to the Trustee; or
(c) to make any other amendments with respect to matters or questions arising under this Trust Agreement so long as such action will not (i) materially and adversely affect the related Holders interests of any Holder or (ii) have any material adverse tax consequences for to Holders, in either case, as evidenced by an Opinion of Counsel to the Issuer; provided that no Amendment may be made pursuant to clause (a)(iii) of this Section 14.3 that otherwise would require consent of Holders pursuant to Subsection 14.4(2) without first obtaining such consent.
Appears in 1 contract
Samples: Trust Agreement
Permissible Without Action by Holders. Subject to Section 14.5, the Issuer and the Trustee, from time to time and at any time, may, without the consent of or notice to any Holder, enter into an Amendment or other instrument supplemental to the Trust Documents, for any one or more of the following purposes:purposes:
(a) (i) to correct an error, (ii) to correct, modify or supplement any provision in the Trust Documents that is inconsistent with any other provision of the Trust Documents or the Prospectus, or (iii) to cure an ambiguity or supplement a provision of the Trust Documents, provided that such cure of an ambiguity or supplement of a provision is not otherwise inconsistent with the provisions of the Trust Documents; or;
(b) to modify, eliminate or add to the provisions of the Trust Documents to the extent necessary to maintain the qualification of any Trust as a Fixed Investment Trustfixed investment trust under the Internal Revenue Code, as it may then be in effect, as evidenced by an Opinion of Counsel satisfactory to the Trustee; or
(c) to make any other amendments with respect to matters or questions arising under this Agreement so long as such action will not (i) materially and adversely affect the related Holders interests of any Holder or (ii) have any material adverse tax consequences for to Holders, in either case, as evidenced by an Opinion of Counsel to the Issuer; provided that no Amendment may be made pursuant to clause (a)(iii) of this Section 14.3 that otherwise would require consent of Holders pursuant to Subsection 14.4(2) without first obtaining such consent.
Appears in 1 contract